Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Contributory negligence - PW1 father of deceased along with deceased was engaged in changing of punctured tyre of vehicle when lorry coming in same direction driven by appellant dashed on the car killing deceased instantaneously - Photograph produced before trial Court shows that parking lights were..........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Challenge as to - Award may be executed as a decree, but its validity cannot be reopened through an ordinary civil suit or by treating some other civil proceeding as a vehicle for setting it aside - Only recognized avenue of challenge is the constitutional jurisdiction of High Court, which is..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of Insurance company - Accident took place on 29.6.2009 and permit for offending vehicle was valid only from 4.7.2009 to 28.10.2009 - Tribunal rightly directed Insurance Company the right to recover compensation amount from owner of offending vehicle particularly in absence of any challenge to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - S.60 of the Act does not provide for confiscation of any vehicle immediately after its seizure...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Interim custody should not be denied to owner of vehicle, simply because it is liable to be confiscated u/s 60 of the Act...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no prohibition under NDPS Act/Rules 2022 that Special Court constituted under NDPS Act, during pendency of trial, cannot release conveyance seized under NDPS Act on interim custody/Supurdagi -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Merely because a witness has turned hostile in Court in criminal case, it may not be a ground for reversal of findings of MACT establishing accident by offending vehicle as proved...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Fake driving licence - Owner of a vehicle employing a driver can only look at licence produced by person seeking employment and is not expected to verify from licence issuing authority whether licence is fake or not...........
